Back / lumbar spine decisions — 2023

The Board has remanded the claims for a lumbar spine disability, cervical spine disability, and gouty arthritis due to inadequate medical opinions. The Veteran's acquired psychiatric disorder is denied as it is not related to service or a service-connected condition.

The Board has remanded the claims for service connection for right knee, left knee, left hip, and low back disabilities due to a June 1971 injury during National Guard service. Additional medical opinions are needed if service connection is granted for the right knee.

The Board has granted service connection for bilateral sciatic pain, low back disability, bilateral knee disorder, bilateral ankle disorder, gastroesophageal reflux disease (GERD), and obstructive sleep apnea (OSA) based on the evidence showing these conditions are related to the Veteran's active duty service.

The Veteran's TBI residuals are denied as the evidence is inconclusive regarding whether they are separate from his service-connected mental health condition. The tension headache condition is granted on a direct basis, while the left foot conditions (bilateral flat feet) and right knee condition are denied due to pre-existing status.

The Board has determined that the VA Regional Office did not substantially comply with its remand directives and these claims must be returned for further development.

The Veteran's service-connected disabilities, including migraines, back condition, and psychiatric condition, have rendered her unemployable. The Board has referred the matter to the VA Director of Compensation Services for extraschedular consideration.

The Board has denied the Veteran's claim for service connection of a lumbar spine disorder, finding that the evidence does not support a link between his current condition and his military service.

The Veteran's back disability, right sciatic neuropathy, and left sciatic neuropathy have been rated appropriately. The reduction of the rating for the service-connected back disability from 40% to 20% is granted. Initial ratings for right and left sciatic neuropathies are also granted.

The Veteran's claim for an effective date of May 28, 2014 for a 20% rating for service-connected low back strain with degenerative disc disease is granted.,The Board has also remanded the issues of whether new and material evidence has been received to reopen a claim for residuals, neck injury, and entitlement to service connection for jaw fracture residuals.

The Board denied the Veteran's claims for service connection due to a bad conduct discharge, finding that his entire period of active service is a bar to VA benefits.

The Board has remanded the claims for service connection for lumbar spine and right hip disorders due to lack of substantial compliance with previous remand directives.

The Board denied the Veteran's claim for SMC based on the need for regular aid and attendance of another person due to his service-connected disabilities, finding that they do not rise to the level needed for such benefits.

The Board has decided to remand the claim for service connection of a lumbar spine disability due to lack of substantial compliance with previous remands. The Veteran's claims include assertions that the condition began in service or was caused by events during service, including herbicide agent exposure and constant marching, running, walking, patrolling in the rain with heavy drums, and other strenuous activities performed during extreme weather conditions.

The Board has denied the Veteran's claims for service connection for various disabilities, finding no probative evidence linking these conditions to his active service.

The Board has remanded the Veteran's claims for service connection due to outstanding records from the El Paso VAMC being requested.

The Board has remanded the claims for service connection due to insufficient evidence regarding the etiology of the Veteran's back disability and right foot pes planus. The examiner is requested to provide an opinion on whether these disabilities are related to in-service injuries or if there was aggravation during service.

The Board has accepted the Veteran's appeal as to the timeliness of his substantive appeal for TDIU and has determined that he is unemployable due to service-connected disabilities. The rating assigned is 90 percent, effective from the date of the February 2016 NOD.

The Veteran's lumbar spine disability is rated at 20 percent beginning August 1, 2022. The rating is denied as the criteria for a higher rating are not met.

The appeal has been dismissed as the Veteran withdrew his claim for HIV. The claims of service connection for neck, low back, right knee, left knee, and left shoulder disabilities have been remanded due to new and material evidence.

The Board dismissed all issues of entitlement to increased ratings for various conditions, as the appellant died during the appeal process.